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Registering as a british citizen - born before 2006 to a British father

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

aakashbasu2
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Posts: 16
Joined: Mon May 07, 2018 2:49 am
India

Re: Registering as a british citizen - born before 2006 to a British father

Post by aakashbasu2 » Thu May 10, 2018 2:30 am

vinny wrote:
Thu May 10, 2018 2:21 am
vinny wrote:
Tue May 08, 2018 11:53 pm
They normally check from your evidence whether you are automatically British first, before registering you.
Unfortunately, there is an ongoing 3-year case reported on another forum, highlighting a disagreement between the Home Office and the Passport Office. The Home Office refused registration, saying that the applicant was already British. The Passport Office refused to issue a passport, saying that the applicant was not British. Hope that this doesn’t happen to you.
Wow! Could you please indicate where this is being discussed?

vinny
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Posts: 32779
Joined: Tue Sep 25, 2007 7:58 pm

Re: Registering as a british citizen - born before 2006 to a British father

Post by vinny » Thu May 10, 2018 2:34 am

I don’t think you may rely on Section 47 for any marriages that took place on or after 1.07.2007.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
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Joined: Tue Sep 25, 2007 7:58 pm

Re: Registering as a british citizen - born before 2006 to a British father

Post by vinny » Thu May 10, 2018 2:38 am

aakashbasu2 wrote:
Thu May 10, 2018 2:30 am
Wow! Could you please indicate where this is being discussed?
It was in a members only area of the freemovement blog.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Registering as a british citizen - born before 2006 to a British father

Post by Richard W » Thu May 10, 2018 7:44 am

vinny wrote:
Thu May 10, 2018 2:34 am
I don’t think you may rely on Section 47 for any marriages that took place on or after 1.07.2007.
Because of the law, or because of the competence of its executors?

If legitimation can no longer confer British citizenship, what effect is Section 162(5) intended to have, and, if the intent is as I read it, why does it not have that effect? Are the editors of www.legislation.gov.uk now defining the law of England?

Richard W
- thin ice -
Posts: 1947
Joined: Wed Oct 17, 2012 3:25 am
Location: Stevenage

Re: Registering as a british citizen - born before 2006 to a British father

Post by Richard W » Thu May 10, 2018 7:49 am

aakashbasu2 wrote:
Thu May 10, 2018 2:30 am
Wow! Could you please indicate where this is being discussed?
Technically, British citizens have no right to a passport. In theory, naturalising as British can deprive one of the right (or permission) to travel into and out of the British Isles via airports and sea ports.

vinny
Moderator
Posts: 32779
Joined: Tue Sep 25, 2007 7:58 pm

Re: Registering as a british citizen - born before 2006 to a British father

Post by vinny » Thu May 10, 2018 9:06 am

Richard W wrote:
Thu May 10, 2018 7:44 am
vinny wrote:
Thu May 10, 2018 2:34 am
I don’t think you may rely on Section 47 for any marriages that took place on or after 1.07.2007.
Because of the law, or because of the competence of its executors?

If legitimation can no longer confer British citizenship, what effect is Section 162(5) intended to have, and, if the intent is as I read it, why does it not have that effect? Are the editors of www.legislation.gov.uk now defining the law of England?
That's apparently the interpretation on www.legislation.gov.uk.
47 wrote:S. 47 ceased to have effect (1.7.2006 with effect as mentioned in s. 162(5) of the amending Act) and repealed (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 9(4), 161, 162, Sch. 9 (with s. 159); S.I. 2006/1498, arts. 2(b), 3
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Learner101
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Posts: 10
Joined: Tue Mar 13, 2018 9:41 pm
Nigeria

Re: Registering as a british citizen - born before 2006 to a British father

Post by Learner101 » Sun May 20, 2018 11:27 pm

HI
My parents were married under Yoruba (Nigerian) law and costom in 1972. I was born in 1973 They were not issued any wedding certificate as there was none to be issued under Nigerian law.
My father was British (nationalised 1969) and I applied and got my first British passport January 2018.
1 The question is are your parent's marriage recognised under the Indian law.
2. Do you have pictures of the actual wedding as well as the wedding invitation maybe even a wedding album.

I got a sworn avidavit from the witnesses (3) to my parents wedding as well as evidence of the fact my father was financially responsible for my education as a minor.
From my experience I think you should apply for your British passport.
DNA evidence is also an option.

aakashbasu2
Newly Registered
Posts: 16
Joined: Mon May 07, 2018 2:49 am
India

Re: Registering as a british citizen - born before 2006 to a British father

Post by aakashbasu2 » Wed May 23, 2018 5:23 am

Hi,

Thanks for sharing this. Indeed I have pictures of my parents' wedding from 1983, and the original wedding ceremony invitation card. My parents have registered their Indian wedding recently, and registering a marriage 35 years late is very common and totally routine and valid. I am also supplying newspaper posts from 2004 when registering marriages first became compulsary, to evidence that it was not required when my parents were married. I am also pointing out that in my birth certificate issued within 6 months of my birth, both parents names are mentioned, my mother's name appears with her post-marriage surname, and the only address is that of my father's. My application is almost ready to sumbit and I don;t have witness accounts though, but if they ask for it, I can provide it.

Did you by chance have to prove that the witnesses were present during the wedding?

Learner101
Newly Registered
Posts: 10
Joined: Tue Mar 13, 2018 9:41 pm
Nigeria

Re: Registering as a british citizen - born before 2006 to a British father

Post by Learner101 » Sun Jun 03, 2018 4:08 pm

Did you by chance have to prove that the witnesses were present during the wedding?
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No.

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